§ 20919.24. — 20919.24. (Amended by Stats. 2022, Ch. 28, Sec. 132.)

California § 20919.24.

• Jurisdiction: California
• Code PCC: Public Contract Code - PCC
• Div. 2.: DIVISION 2. GENERAL PROVISIONS
• Part 3.: PART 3. CONTRACTING BY LOCAL AGENCIES
• Ch. 1.: CHAPTER 1. Local Agency Public Construction Act
• Art. 60.4.: ARTICLE 60.4. Job Order Contracting for School Districts

Text

Bidding for job order contracts shall progress as follows:
(a)
(1)
The school district shall prepare a set of documents for job order contracts. The documents shall include a unit price catalog and preestablished unit prices, job order contract technical specifications, and any other information deemed necessary to describe adequately the school district’s needs.
(2)
Any architect, engineer, consultant, or contractor retained by the school district to assist in the development of the job order contract documents shall not be eligible to bid or to participate in the preparation of a bid with any job order contractor.
(b)
Based on the documents prepared under subdivision (a), the school district shall prepare a request for bid that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the school district.
(1)
(A)
The prequalified job order contractors, as determined by the school district, shall bid one or more adjustment factors to the unit prices listed in the unit price catalog based on the job order contract technical specifications. Awards shall be made to the prequalified bidders that the school district determines to be the most qualified based upon preestablished criteria made by the school district. The prequalified bidders shall be in compliance with the school district’s project labor agreement.
(B)
Compliance shall constitute no more than three major violations on any school district projects within the last three years. If a contractor has more than three violations within a three-year period of time, the school district shall seek administrative review of the violations. Violations will include, but are not limited to, the following:
(i)
Failure to register core workers with the appropriate building trade union.
(ii)
Failure to assign apprentices in accordance with Section 1777.5 of the Labor Code.
(iii)
Failure to comply with subdivision (c) of Section 20919.25.
(iv)
Incorrect
assignment of work in accordance with the school district’s project labor agreement.
(2)
The school district may award multiple job order contracts through a request for bid. Job order contracts shall be awarded to the most qualified prequalified bidders described in this subdivision.
(3)
The request for bids may encourage the participation of local construction firms and the use of local subcontractors.
(c)
(1)
The school district shall establish a procedure to prequalify job order contractors using a standard questionnaire that includes, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations
pursuant to subdivision (a) of Section 20101. This questionnaire shall require information including, but not limited to, all of the following:
(A)
If the job order contractor is a partnership, limited partnership, or other association, a listing of all of the partners or association members known at the time of bid submission who
will participate in the job order contract.
(B)
Evidence that the members of the job order contractor have the capacity to complete projects of similar size, scope, or complexity, and that proposed key personnel have sufficient experience and training to competently manage the construction of the project, as well as a financial statement that assures the school district that the job order contractor has the capacity to complete the project.
(C)
The licenses, registration, and credentials required to perform construction, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.
(D)
Evidence that establishes that the job order contractor has the
capacity to obtain all required payment and performance bonding and liability insurance.
(E)
Information concerning workers’ compensation experience history, worker safety programs, and apprenticeship programs.
(F)
A full disclosure regarding all of the following that are applicable:
(i)
Any serious or willful violation of Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or the federal Occupational Safety and Health Act of 1970 (Public Law 91-596), settled against any member of the job order contractor.
(ii)
Any debarment, disqualification, or removal from a federal, state, or local government public works project.
(iii)
Any instance where the job order contractor, or its owners, officers, or managing employees submitted a bid on a public works project and were found to be nonresponsive, or were found by an awarding body not to be a responsible bidder.
(iv)
Any instance where the job order contractor, or its owners, officers, or managing employees defaulted on a construction contract.
(v)
Any violations of the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), excluding alleged violations of federal or state law regarding the payment of wages, benefits, apprenticeship requirements, or personal income tax withholding, or of Federal Insurance Contribution
Act (FICA) withholding requirements settled against any member of the job order contractor.
(vi)
Any bankruptcy or receivership of any member of the job order contractor, including, but not limited to, information concerning any work completed by a surety.
(vii)
Any settled adverse claims, disputes, or lawsuits between the owner of a public works project and any member of the job order contractor during the five years preceding submission of a bid under this article, in which the claim, settlement, or judgment exceeds fifty thousand dollars ($50,000). Information shall also be provided concerning any work completed by a surety during this period.
(G)
In the case of a partnership or any association that is not a legal
entity, a copy of the agreement creating the partnership or association and specifying that all partners or association members agree to be fully liable for the performance under the job order contract.
(2)
The information required under this subdivision shall be verified under oath by the entity and its members in the manner in which civil pleadings in civil actions are verified. Information that is not a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection.

Legislative History

Amended by Stats. 2022, Ch. 28, Sec. 132. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 20919.33.